Legal Information About Carjacking Charges

Carjacking (Penal Code section 215) is a felony offense. To be convicted of carjacking, the prosecution must prove beyond a reasonable doubt that (1) someone had possession of a vehicle; (2) you took the vehicle while the owner of the vehicle or passenger of the vehicle was present; (3) you took the vehicle against the will of the owner; (4) you used force or fear to take the vehicle; and (5) you had the intention to take possession of the vehicle away from the owner, either temporarily or permanently.

Legal Penalties for Carjacking

If you are convicted, you can receive a state prison sentence of up to nine years, depending on certain factors of the crime. You may also receive an enhancement to your penalty if a weapon was used in the commission of the crime. Since carjacking is a violent felony offense, it will be considered a “strike” under California Three Strikes law.

At Premier Federal Criminal Defenders, our criminal defense team has represented people charged with all manner of theft crime and car theft crime. David Elden & Victor Sherman have over eighty years experience in Southern California as a criminal defense attorneys. Carjacking is a serious offense and has had increased attention over the years from all manner of California law enforcement officials. People charged with this type of crime can face serious penalties and life altering consequences. The Los Angeles Police Department even attempts to train citizens to avoid and/or thwart carjacking attempts on city streets and freeways.

We will protect your legal rights and aggressively attempt to avoid a conviction. There are certain legal factors that must exist for a prosecutor to obtain a conviction. Therefore, having a skilled legal team on your side is critical to the outcome of your case. We know how the police and prosecutors will attempt to build their case against you. We are proven courtroom negotiators and may be able to get you carjacking charges reduced or dismissed.

Given the harsh consequences attached to carjacking, it is recommended that you speak with an attorney as soon as you are aware of an investigation into or charges against you. Common defenses include demonstrating that you were not the one who committed the act or demonstrating that the evidence does not prove one of the required elements of the offense.